- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Research in attittudes towards LGBTQ+ issues in Oaxaca have identified a strong opposition to LGBTQ+ rights, reflecting underlying homophobic sentiments, based on the limited information available in Oaxaca.
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Homosexual activity in Oaxaca is legal.
Current status
Since Oct 5, 1929
Legal under federal Mexico law
This previous Penal Code from 1872 was replaced in 1929. The new legal order aimed to modify the legal architecture of the Porfirio Díaz dictatorship, which was based on penal repression, to align it with the context of the constitutional guarantees and social justice proclaimed by the Mexican Revolution of 1910.
Once again, any notion of homosexuality (both male and female) was formally excluded from the document. The potential criminalization allowed by the previous code due to the vagueness of the sanctions related to 'offenses against public morality and good customs' is now technically limited solely to a prohibition of pornography. Thus, Article 536 536 (Second Book; Title 8 'Crimes against Public Morality'; Chapter I 'Offenses against Public Morality or Good Customs') mentions imprisonment and fines for those who reproduce or manufacture obscene writings, images, or objects, as well as for those who display or commercialize such obscene expressions in public.
Again, in 1931, the penal code was substituted by the one that still governs at the federal level today. However, in 1966, Article 201 (Third Book; Title 8 'Crimes against Public Morality and Good Customs'; Chapter II 'Corruption of Minors') was reformed, and for the first time, a reference to homosexuality appeared. It established imprisonment for anyone who induces or incites a minor under 18 years old to engage in 'homosexual practices.' The penalty was doubled if the act was repeated and resulted in the minor 'acquiring habits of homosexual practices.'
Finally, those last provisions that indirectly incited the criminalization of homosexuality were eliminated in the 1999 reform.
Once again, any notion of homosexuality (both male and female) was formally excluded from the document. The potential criminalization allowed by the previous code due to the vagueness of the sanctions related to 'offenses against public morality and good customs' is now technically limited solely to a prohibition of pornography. Thus, Article 536 536 (Second Book; Title 8 'Crimes against Public Morality'; Chapter I 'Offenses against Public Morality or Good Customs') mentions imprisonment and fines for those who reproduce or manufacture obscene writings, images, or objects, as well as for those who display or commercialize such obscene expressions in public.
Again, in 1931, the penal code was substituted by the one that still governs at the federal level today. However, in 1966, Article 201 (Third Book; Title 8 'Crimes against Public Morality and Good Customs'; Chapter II 'Corruption of Minors') was reformed, and for the first time, a reference to homosexuality appeared. It established imprisonment for anyone who induces or incites a minor under 18 years old to engage in 'homosexual practices.' The penalty was doubled if the act was repeated and resulted in the minor 'acquiring habits of homosexual practices.'
Finally, those last provisions that indirectly incited the criminalization of homosexuality were eliminated in the 1999 reform.
Legal under federal Mexico law
Mexico’s first Penal Code (published in 1871) which entered into force in 1872, made no reference to the criminalisation of sodomy or any other consensual same-sex act between adults.
Nevertheless, LGBTQ people could be prosecuted under the vague language of article 787 (Third Book; Title 6 'Violations against family order, public decency, or traditional customs'; chapter II 'Offences against public morals or good manners'), which never mentioned any sexual orientation or gender identity. The penalty included arrest and a fine if the alleged 'indecent act' was committed either in a public place (with or without witnesses) or in a private place.
The first known reference of the application of this article towards LGBTQ people dates from November 1901 when the scandal of the 'baile de los cuarenta y uno' (the 'Ball of the Forty-One') occurred. Police illegally raid a private home in Mexico City where 41 men (some of them dressed in women's clothing) from the upper classes of the Mexican society were attending an event. The identity of the suspects was never disclosed, but according to some sources, there are some press articles at the time that state some of them could be conscripted into the army and sent to Yucatán to public works. This was as the Caste War against the Mayan Indigenous rebels was finalising. There are seven names listed in the records of the Supreme Court who filed a writ of protection against their conscription to the army because homosexuality was not illegal in Mexico at the time. Hence, the charge was simply replaced (crime against decency), but the punishment didn't change.
This Penal Code was replaced in 1929.
Nevertheless, LGBTQ people could be prosecuted under the vague language of article 787 (Third Book; Title 6 'Violations against family order, public decency, or traditional customs'; chapter II 'Offences against public morals or good manners'), which never mentioned any sexual orientation or gender identity. The penalty included arrest and a fine if the alleged 'indecent act' was committed either in a public place (with or without witnesses) or in a private place.
The first known reference of the application of this article towards LGBTQ people dates from November 1901 when the scandal of the 'baile de los cuarenta y uno' (the 'Ball of the Forty-One') occurred. Police illegally raid a private home in Mexico City where 41 men (some of them dressed in women's clothing) from the upper classes of the Mexican society were attending an event. The identity of the suspects was never disclosed, but according to some sources, there are some press articles at the time that state some of them could be conscripted into the army and sent to Yucatán to public works. This was as the Caste War against the Mayan Indigenous rebels was finalising. There are seven names listed in the records of the Supreme Court who filed a writ of protection against their conscription to the army because homosexuality was not illegal in Mexico at the time. Hence, the charge was simply replaced (crime against decency), but the punishment didn't change.
This Penal Code was replaced in 1929.
Jan 1, 1600–Feb 14, 1872
Male illegal, female uncertain under federal Mexico law
From the 1600s to the short Second French intervention and the subsequent restoration of the Republic under President Juárez, sodomy was heavily criminalized in Mexico. The medieval laws issued in the Kingdom of Castile were still valid for all the territories of the Hispanic Monarchy in the Americas. These laws still heavily criminalised acts of sodomy and were still part of the chaotic Mexican legal body even after achieving independence.
In the first half of the 19th century, Mexico experienced political instability and a series of civil wars and revolts. All the efforts to enact a solid, unified legal body for this new country were unsuccessful until the 1870s.
In the first half of the 19th century, Mexico experienced political instability and a series of civil wars and revolts. All the efforts to enact a solid, unified legal body for this new country were unsuccessful until the 1870s.
Same-sex marriage in Oaxaca is legal.
Current status
Since Oct 5, 2019
Legal
In August 2019, the Congress of Oaxaca passed a law providing for same-sex marriage. It went into effect on October 5th.
Ambiguous
Banned
Until 2012, Oaxaca had defined a marriage as being between a man and a woman, effectively banning same-sex marriage. This was ruled unconstitutional by the Supreme Court.
Censorship of LGBT issues in Oaxaca is no censorship.
Current status
Since Dec 12, 1998
No censorship
In Oaxaca, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the removal of homosexuality from Mexico's federal "corruption of minors" law. There were no state laws that considered homosexuality a "corruption of minors" in Oaxaca.
Jan 1, 1600–Jan 13, 1966
State-enforced under federal Mexico law
LGBTIQ+ people faced heavy persecution in Mexico during the Spanish Inquisition.
When Mexico decriminalised homosexuality in 1872, there were still vague references that persecuted LGBTIQ+ people in practice in Article 787 against "violations against family order, public decency or traditional customs". The most notable case of this was in 1901 when 41 crossdressers were raided by the police in a private home.
When Mexico decriminalised homosexuality in 1872, there were still vague references that persecuted LGBTIQ+ people in practice in Article 787 against "violations against family order, public decency or traditional customs". The most notable case of this was in 1901 when 41 crossdressers were raided by the police in a private home.
Right to change legal gender in Oaxaca is legal, no restrictions.
Current status
Since Oct 5, 2019
Gender-affirming care in Oaxaca is legal.
Current status
Legal under federal Mexico law
There are no government restrictions placed on gender-affirming care to transgender people (both adults and minors). There are some government guidelines to secure equal and effective access to quality healthcare for transgender people (both adults and minors), by defining guiding standards and concrete actions to be implemented across facilities within the public health system for public health institutions.
However, availability proves a problem in many areas. At present, at least three public clinics provide specialized, comprehensive medical care to transgender individuals not covered by any public or private insurance scheme, thereby offering services free of charge. These clinics are located in the country’s three most populous cities: Mexico City, Guadalajara, and Monterrey.
However, availability proves a problem in many areas. At present, at least three public clinics provide specialized, comprehensive medical care to transgender individuals not covered by any public or private insurance scheme, thereby offering services free of charge. These clinics are located in the country’s three most populous cities: Mexico City, Guadalajara, and Monterrey.
Legal recognition of non-binary gender in Oaxaca is not legally recognized.
Current status
Not legally recognized
There is no legal gender recognition provided to nonbinary and intersex people in Oaxaca.
Same-sex adoption in Oaxaca is illegal.
Current status
Illegal
Same-sex adoption is currently not allowed in Oaxaca.
Intersex infant surgery in Oaxaca is not banned.
Current status
Not banned
Surgery on intersex infants is legal in Oaxaca.
Blood donations by MSMs in Oaxaca is legal.
Current status
Since Dec 25, 2012
Legal under federal Mexico law
NOM 253 removes targeted restrictions on blood donations from gay and bisexual men. Instead, it prohibits donations from individuals with HIV or hepatitis, their partners, and those who participate in "high-risk sexual practices," irrespective of their sexual orientation.
Equal age of consent in Oaxaca is equal.
Current status
Since Feb 15, 1872
Equal under federal Mexico law
Illegal with a minor under 12, ambiguous rulings observed 12-18, universally legal 18+.
Mexico Equality Rank
#356
Interest Rank based on Equaldex traffic ?
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Oaxaca LGBT Organizations
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